Related Articles

BLANTYRE— Legal authorities and civil rights leaders in Malawi are reacting differently to the government’s suspension of laws that criminalize homosexuality.

Government authorities say the country has temporarily suspended the country’s homosexuality laws until Malawians debate the matter in parliament. This means that Malawi police will not arrest or prosecute anyone based on these laws. This has attracted a heated debate among Malawians.

Malawi Attorney General Ralph Kasambara announced the decision to suspend laws criminalizing homosexuality last Thursday, in the capital, Lilongwe.

He was speaking during the public debate aimed to find ways of reaching a national consensus on how Malawi should move forward in addressing the same-sex relationship issue.

Kasambara, who is also minister of justice, says the suspension of the laws will give Malawians an opportunity to debate the issue without interference from the executive branch.

"All in all, we are so much pleased that we are going in the right direction," said Undule Mwakasungula, the executive director for the CHRR. "As you are aware that there is so much homophobia against the gay community. And, the community thinks they [homosexuals] don’t have rights. They don’t have free space in public life, so really it’s a move in the right direction."

The same-sex relationship issue has been a thorn in Malawi’s affairs, especially during the late Bingu wa Mutharika's government, when international donors cited the lack of sexual minority rights as one of the reasons some of them had frozen their aid.

But Mwakasungula rejected suggestions the government might have taken the stand to meet conditional terms of some donor aid.

"This is not about Western countries," he said. "This is about personal choice; sexual orientation. And, if you look deeper into some of the research which have been done, gay communities are everywhere in the world; blacks, whites, Indians, coloreds and the like. So let’s move away from issues that are going to divert the attention of addressing real problems. This is about HIV and AIDS issues. This is rights issue.”

However, the lawyers group the Malawi Law Society says only parliament has power to suspended laws.

“Any suspension of the applications of law must have the blessing of parliament," said John Gift Mwakhwawa, the president of the society. "No minister can verbally or over a written memorandum suspend the application of the law. It is amounting to the usurping the powers of the legislature. And, it is dangerous trend because next time one minister responsible for whatever laws will also wake up and suspend the application of those laws and we are creating a culture of impunity.”

Mwakhwawa says, although it is a fact that the existing anti-homosexual laws are not a part of the Malawi constitution, there is a need for government to follow procedures in dealing with the issue.

“The simple route to go," he said, "is to go to the constitutional court and say 'Do these provisions under our constitution stand the taste of constitutionalism of democracy or the standards that we are supposed to abide to, the international standards that are there?”

But observers express concerns that, in taking the matter to the constitutional court, there could be a delay because there are not enough judges in the country. That, they say, makes it difficult to assemble three judges to sit as a constitution court.

Religious leaders are strongly against the suspension of the anti-gay laws.

"As a church, we were strongly against homosexuality. And, that’s no longer a secret because it was put on the papers and people heard about it. So, up to now that is still the stand of the church in Malawi,” said Osborn Mbewe, the general secretary of Malawi Council of Churches.

Mbewe says the clergy are looking to hear from parliament to hear from what it says on the matter before they take action.

The Malawi parliament is expected to begin a session on Monday, in the capital Lilongwe. However, the issue on suspension of the homosexuality law does not appear to be on the agenda.

U.S. Secretary of State John Kerry has told his Russian counterpart, Sergei Lavrov, that his country could face further consequences to what he called its “already strained economy” if Moscow does not fully comply with a cease-fire in Ukraine. The two met, on Monday, on the sidelines of a U.N. Human Rights Council meeting in Geneva, where Kerry outlined human rights violations in Russian-annexed Crimea and eastern Ukraine. VOA State Department correspondent Pam Dockins reports from Geneva.

Video

U.S. Secretary of State John Kerry has told his Russian counterpart, Sergei Lavrov, that his country could face further consequences to what he called its “already strained economy” if Moscow does not fully comply with a cease-fire in Ukraine. The two met, on Monday, on the sidelines of a U.N. Human Rights Council meeting in Geneva, where Kerry outlined human rights violations in Russian-annexed Crimea and eastern Ukraine. VOA State Department correspondent Pam Dockins reports from Geneva.

Video

Diagnosing infections such as HIV requires expensive clinical tests, making the procedure too costly for many poor patients or those living in remote areas. But a new technology called lab-on-a-chip may make the tests more accessible to many. VOA’s George Putic reports.

Video

Afghan officials have expressed concern over reports of a crackdown on Afghan refugees in Pakistan following the Peshawar school attack in December. Reports of mass arrests and police harassment coupled with fear of an uncertain future are making life difficult for a population that fled its homeland to escape war. VOA’s Ayesha Tanzeem reports from Islamabad.

Video

Despite the ongoing ceasefire in Ukraine, soldiers in the city of Mariupol fear that pro-Russian separatists may be getting ready to attack. The separatists must take or encircle the city if they wish to gain land access to Crimea, which was annexed by Russia early last year. But Ukrainian forces, many of them volunteers, say they are determined to defend it. Patrick Wells reports from Mariupol.

Video

As low oil prices and Western sanctions force Russia's economy into recession, thousands of Moscow restaurants are expected to close their doors. Restaurant owners face rents tied to foreign currency, while rising food prices mean Russians are spending less when they dine out. One entrepreneur in Moscow has started a dinner kit delivery service for those who want to cook at home to save money but not skimp on quality. VOA's Daniel Schearf reports.

Video

The United States and Cuba say they have made progress in the second round of talks on restoring diplomatic relations more than 50 years after breaking off ties. Delegations from both sides met in Washington on Friday to work on opening embassies in Havana and Washington and iron out key obstacles to historic change. VOA’s Mary Alice Salinas reports from the State Department.

Video

One after another, presumptive Republican presidential contenders auditioned for conservative support this week at the Conservative Political Action Conference held outside Washington. The rhetoric was tough as a large field of potential candidates tried to woo conservative support with red-meat attacks on President Barack Obama and Democrats in Congress. VOA Political Columnist Jim Malone takes a look.

Video

New Yorkers take pride in setting world trends — in fashion, the arts and fine dining. The city’s famous biannual Restaurant Week plays a significant role in a booming tourism industry that sustains 359,000 jobs and generates $61 billion in yearly revenue. VOA's Ramon Taylor reports.

Video

Issues like the Keystone XL pipeline, fracking and instability in the Middle East are driving debate in the U.S. about making America energy independent. Recently, the American Energy Innovation Council urged Congress and the White House to make expanded energy research a priority. One beneficiary of increased energy spending would be the Brookhaven National Lab, where clean, renewable, efficient energy is the goal. VOA's Bernard Shusman reports.

Video

There has been a surge of interest in the American civil rights movement of the 1950s and '60s, thanks in part to the Hollywood motion picture "Selma." Five decades later, communities in the South are embracing the dark chapters of their past with hopes of luring tourism dollars. VOA's Chris Simkins reports.

Video

With the end of summer in the Southern hemisphere, the Antarctic research season is over. Scientists from Northern Illinois University are back in their laboratory after a 3-month expedition on the Ross Ice Shelf, the world’s largest floating ice sheet. As VOA’s Rosanne Skirble reports, they hope to find clues to explain the dynamics of the rapidly melting ice and its impact on sea level rise.

Video

A Lao dam project on a section of the Mekong River is drawing opposition from local fishermen, international environmental groups and neighboring countries. VOA's Say Mony visited the region to investigate the concerns. Colin Lovett narrates.